Understanding the International Criminal Court
Understanding the International Criminal Court
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| Understanding the International Criminal Court
15. Can the ICC try children? No. The Court has no jurisdiction with respect to any person who was under the age of 18 when the crimes concerned were committed. 16. There are allegations that the ICC is only targeting African countries. Is that true? No. The ICC is concerned with countries that have accepted the Court’s jurisdiction and these are in all continents. African countries made great contributions to the establishment of the Court and influenced the decision to have an independent Office of the Prosecutor. In 1997, the Southern African Development Community (SADC) was very active in supporting the proposed Court and its declaration on the matter was endorsed in February 1998, by the participants of the African Conference meeting in Dakar, Senegal, through the “Declaration on the Establishment of the International Criminal Court”. At the Rome Conference itself, the most meaningful declarations about the Court were made by Africans. Without African support the Rome Statute might never have been adopted. In fact, Africa is the most heavily represented region in the Court’s membership. The trust and support comes not only from the governments, but also from civil society organisations. The Court has also benefited from the professional experience of Africans and a number of Africans occupy high-level positions in all organs of the Court. The majority of ICC investigations were opened at the request of or after consultation with African governments. Other investigations were opened following a referral by the United Nations Security Council, where African governments are also represented. Finally, in addition to its formal investigations, the Court’s Office of the Prosecutor is conducting preliminary examinations in a number of countries across four continents. |